July 30, 2013 - The U.S. Department of Labor's
Occupational Safety and Health Administration
has ordered Metropolitan Aviation LLC to
reinstate a pilot after a whistle blower
investigation determined the Manassas, VA. based
air carrier violated the pilot's rights when he
was fired.

The pilot with 24 years of flight time and who
is also a licensed FAA aircraft mechanic (A&P)
reported that he had departed Teterboro, NJ on
June 17, 2010, with four passengers in the
company’s Hawker 800 aircraft.

20 minutes into the flight the pilot heard a
loud bang that sounded like it came from the
tail section of the aircraft, the aircraft began
to vibrate, "I mean, the whole airplane shook,"
said the pilot and then a warning light came on
which indicated the rear bay was overheating.

The pilot declared an emergency with air traffic
control and landed at State College airport in
Pennsylvania. The pilot said “We did everything
by the book. We landed that airplane safely, and
everybody walked away”.

The pilot
contacted his employer, Metropolitan Aviation
and informed them of the emergency and that he
had landed at State College airport.

The pilot states he was ordered to fly the
aircraft back to Manassas Regional Airport for
repairs by company mechanics. The pilot reported
that an FAA aircraft mechanic checked the
aircraft and determined the aircraft was not
airworthy. The pilot refused to fly the aircraft
back and within days of the emergency landing
the pilot states he was fired for not flying the
aircraft. However, the Company reported the
pilots firing was not due to the pilot not
flying the aircraft but it was due to
performance issues and poor judgment.

The pilot filed a complaint with the FAA and the
Department of Labor (OSHA). The pilot complaint
with OSHA alleged retaliation for a protected
activity under the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century,
the aviation industry whistle blower law known
as AIR21.

The FAA conducted an investigation and found no wrong
doing by the company. "The FAA has completed its
investigation of the safety allegations contained in
your complaint. This investigation has not established a
violation of an order, regulation, or standard relating
to air carrier safety. Therefore, the FAA is closing its
investigation concerning these allegations."

However, OSHA's Philadelphia Regional Office found merit
to the pilot's complaint. "Pilots are protected by law
when they refuse to fly an aircraft determined to be
unairworthy," said MaryAnn Garrahan, OSHA's regional
administrator in Philadelphia. "Air carriers that
retaliate against employees for exercising their rights
under AIR21 will be held accountable."

As
a result of OSHA's findings, the company was ordered to
pay back wages in the amount of more than $140,000 for
the period from June 30, 2010, through June 30, 2013.
Thereafter, the company will pay at a rate of $797 per
week until it has made the complainant a bona fide offer
of reinstatement.

The company was also
ordered to pay compensatory damages in the amount of
$75,000. Additionally, OSHA ordered the air carrier to
take other corrective action, including expunging the
complainant's termination and any reference to the
exercise of his rights under AIR21 from his employment
records, and the posting and providing to its employees
information on their AIR21 whistle blower rights. OSHA
also ordered Metropolitan Aviation to pay attorney's
fees and interest on the back wages.

Metropolitan Aviation began operations in November
2006, as a jet charter operator. The company is
based out Manassas Regional Airport, Manassas,
Virginia. Metropolitan Aviation operates heavy jets,
mid cabin, light jets and turbo prop aircraft. Alan
Cook is the company’s Chief Executive Officer.